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Best Practices: Deposit Accounts as Collateral – What happens if the account is garnished by a judgment creditor?

It is not uncommon for a lender to take a security interest in a deposit account of a borrower as security for a loan. Normally, the lender will maintain the…
  • March 14, 2018
  • Lyndsay Rowland

Best Practices: Reviewing Management Agreements under SOP 50 10 5(J)

All SBA loan applicants and their affiliates must be small, when aggregated together, under SBA size requirements to participate in SBA’s lending programs. In determining whether affiliation exists, SBA analyzes…
  • March 7, 2018
  • Jennifer E. Borra

Best Practices: Revised SBA Form 1919 Analysis: Part 3 – Principals of the Business

Pursuant to SBA Information Notice 5000-17007, effective October 12, 2017, SBA has issued a revised Form 1919. As mentioned previously, the form has been modified in order to provide greater…
  • February 28, 2018
  • Jessica L. Conn

Best Practices: The Value of a Payoff Letter

Because SBA loans are often under-collateralized, the SBA guaranty is frequently the most valuable piece of “collateral” to a lender. Because of this, it is imperative that lenders avoid the…
  • February 21, 2018
  • Katie O'Brien

Best Practices: The United States Department of Treasury Wants You – To Help Fight Financial Crimes by Obtaining Beneficial Ownership Information

In response to concerns regarding the use of legal entities to disguise involvement in terrorist financing, money laundering, tax evasion, corruption, fraud, and other financial crimes, The United States Department…
  • February 14, 2018
  • Katherine D. Tohanczyn

Best Practices: Financing Involving Historic Rehabilitation Tax Credits Now Eligible for 504 Loans

The revitalization of historic buildings can benefit a local community by creating new jobs in that community. These projects, however, frequently have higher costs, greater design challenges, and weaker market…
  • February 7, 2018
  • Janet M. Dery
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